House proclamation cannot be tested: Speaker
Though the country is yet to adopt a new constitution that will replace the 1990 constitution, Speaker of the House of Representatives, Subash Chandra Nemwang has said that they were not abiding by the 1990 Constitution because it was not possible to do so after the restoration of the House.
“The declaration passed after the success of the people’s movement is not subjected to any test in the court,” Nemwang said in a written reply to the Supreme Court in response to the Supreme Court’s show cause notice issued on September 22 regarding the constitutionality of the proclamation of the parliament.
He also requested the apex court not to examine the constitutionality of the May 18 historic declaration of the parliament because it is a constitutional document.
Advocates Achyut Prasad Kharel, Shree Prasad Upadhyay, Amita Shrestha and Arun Subedi had filed writ petitions in the SC challenging the House Declaration.
Nemwang claimed the House declaration was made to respect the aspirations of the people and the Jana Andolan (People's movement) and it would be against the spirit of the April movement and the people’s will to challenge the legality of the declaration.
“The House is acting to establish the achievement of the Jana Andolan II and such a political declaration cannot be tested by the court,” Nembang added.
Minister of Law, Justice and Parliamentary Affairs Narendra Bikram Nemwang submitted the written reply to the SC requesting the apex court not to test legality of the declaration. nepalnews.com pb Nov 27 06
